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Legal Aid, Sentencing and Punishment of Offenders Act 2012

Legal Aid, Sentencing and Punishment of Offenders Act 2012

2012 CHAPTER 10

Annex B: Table of contents for Schedule 1

818.Part 1 of Schedule 1 provides descriptions in each area of law for which civil legal aid services may be made available. Each description includes any applicable conditions and refers to the exclusions in Part 2 and Part 3 that apply as well as, in some cases, making further specific exclusions.

819.The exclusion of advocacy in Part 3 applies to all of the paragraphs of Part 1 with the exception of cross-border disputes (see paragraph 44 of Part 1). In relation to connected matters (see paragraph 46 of Part 1) the exclusions in Part 2 and Part 3 apply except to the extent that regulations prescribe otherwise. Part 3 is explained at paragraph 100 above.

820.The table below summarises which exclusions (other than the exclusion in Part 3) apply in relation to each paragraph of Part 1 of Schedule 1.

Part 1 –paragraph numberPart 2 and other exclusions that apply
P1 Care, supervision and protection of childrenAll Part 2 exclusions.
P2 Special educational needsAll Part 2 exclusions.
P3 Abuse of child or vulnerable adult

All Part 2 exclusions except: personal injury or death, a claim in tort in respect of negligence, a claim in tort in respect of assault, battery or false imprisonment, a claim in tort in respect of breach of statutory duty, and a damages claim for breach of Convention rights made in reliance on section 7 of the Human Rights Act 1998.

Exclusion in relation to clinical negligence.

Exclusion in relation to services provided in relation to a matter arising under a family enactment (defined in paragraph 12).

P4 Working with children and vulnerable adultsAll Part 2 exclusions.
P5 Mental health and mental capacity

All Part 2 exclusions.

Exclusions in relation to creation of lasting powers of attorney and making of advance decisions under the Mental Capacity Act 2005.

P6 Community careAll Part 2 exclusions.
P7 Facilities for disabled personsAll Part 2 exclusions.
P8 Appeals relating to welfare benefitsAll Part 2 exclusions except personal injury or death and civil legal services in relation to a benefit, allowance, payment, credit or pension under certain enactments.
P9 Inherent jurisdiction of High Court in relation to children and vulnerable adultsAll Part 2 exclusions.
P10 Unlawful removal of childrenAll Part 2 exclusions.
P11 Family homes and domestic violenceAll Part 2 exclusions except a claim in tort in respect of assault, battery or false imprisonment and trust law.
P12 Victims of domestic violence and family matters

All Part 2 exclusions except trust law.

Exclusion of services provided in relation to a claim in tort relating to domestic violence.

Services that may be provided include conveyancing in some circumstances.

P13 Protection of children and family mattersAll Part 2 exclusions.
P14 Mediation in family disputes

All Part 2 exclusions except trust law.

Services that may be provided include conveyancing in some circumstances.

P15 Children who are parties to family proceedingsAll Part 2 exclusions.
P16 Forced marriageAll Part 2 exclusions.
P17 EU and international agreements concerning childrenAll Part 2 exclusions.
P18 EU and international agreements concerning maintenanceAll Part 2 exclusions except trust law.
P19 Judicial review

All Part 2 exclusions except personal injury or death, a claim in tort in respect of negligence, a claim in tort in respect of assault, battery or false imprisonment, a claim in tort in respect of trespass to goods, a claim in tort in respect of trespass to land, damage to property, a claim in tort in respect of breach of statutory duty, a damages claim for breach of Convention rights made in reliance on section 7 of the Human Rights Act 1998, civil legal services in relation to a benefit, allowance, payment, credit or pension under certain enactments and compensation under the Criminal Injuries Compensation Scheme.

Exclusion in relation to judicial reviews that do not have the potential to produce a benefit for the individual, a member of the individual’s family or the environment.

Exclusion in relation to certain immigration cases and exceptions to those exclusions.

P20 Habeas corpusAll Part 2 exclusions.
P21 Abuse of position or powers by public authority

All Part 2 exclusions except personal injury or death, claim in tort in respect of negligence, a claim in tort in respect of assault, battery or false imprisonment, a claim in tort in respect of trespass to goods, a claim in tort in respect of trespass to land, damage to property, a claim in tort in respect of breach of statutory duty and a damages claim for breach of Convention rights made in reliance on section 7 of the Human Rights Act 1998.

Exclusion in relation to clinical negligence.

P22 Breach of Convention rights by public authority

All Part 2 exclusions except personal injury or death, claim in tort in respect of negligence, a claim in tort in respect of assault, battery or false imprisonment, a claim in tort in respect of trespass to goods, a claim in tort in respect of trespass to land, damage to property, a claim in tort in respect of breach of statutory duty and a damages claim for breach of Convention rights made in reliance on section 7 of the Human Rights Act 1998.

Exclusion in relation to clinical negligence.

P23 Clinical negligence and severely disabled infantsAll Part 2 exclusions except personal injury or death, a claim in tort in respect of negligence, a claim in tort in respect of assault, battery or false imprisonment, and a claim in tort in respect of breach of statutory duty.
P24 Special Immigration Appeals CommissionAll Part 2 exclusions.
P25 Immigration: detentionAll Part 2 exclusions.
P26 Immigration: temporary admissionAll Part 2 exclusions.
P27 Immigration: residence etc restrictionsAll Part 2 exclusions.
P28: Immigration: victims of domestic violence and indefinite leave to remain

All Part 2 exclusions.

Exclusion in relation to attendance at an interview

P29 Immigration: victims of domestic violence and residence cards

All Part 2 exclusions.

Exclusion in relation to attendance at an interview.

P30 Immigration: rights to enter and remain

All Part 2 exclusions.

Exclusion in relation to attendance at an interview.

P31 Immigration: accommodation for asylum seekers etcAll Part 2 exclusions.
P 32 Victims of trafficking in human beings

For civil legal services provided in relation to applications for leave to enter, or to remain in, the UK - All Part 2 exclusions.

For civil legal services provided in relation to employment law or damages claims – All Part 2 exclusions except personal injury or death, a claim in tort in respect of negligence, a claim in tort in respect of assault, battery or false imprisonment, a claim in tort in respect of trespass to goods, a claim in tort in respect of trespass to land, damage to property, and a claim in tort in respect of breach of statutory duty.

P33 Loss of home

All Part 2 exclusions except business.

Exception from those exclusions for certain applications under the Trusts of Land and Appointment of Trustees Act 1996 in connection with bankruptcy.

Exception from the Part 2 exclusions for a claim in tort in respect of assault, battery or false imprisonment, a claim in tort in respect of trespass to goods, a claim in tort in respect of trespass to land, damage to property and a claim in tort in respect of breach of statutory duty in respect of counterclaims in possession/sale proceedings and unlawful eviction.

Exclusion in relation to certain proceedings under the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004

P34 HomelessnessAll Part 2 exclusions.
P35 Risk to health or safety in rented homeAll Part 2 exclusions except damage to property and a claim in tort in respect of breach of statutory duty.
P36 Anti-social behaviourAll Part 2 exclusions.
P37 Protection from harassmentAll Part 2 exclusions.
P38 Gang related violenceAll Part 2 exclusions.
P39 Sexual offencesAll Part 2 exclusions except personal injury or death, a claim in tort in respect of negligence, assault, battery or false imprisonment, a claim in tort in respect of breach of statutory duty, damages claims for breach of Convention rights.
P40 Proceeds of crime

All Part 2 exclusions except business.

Specific exclusions in connection with confiscation orders.

P41 InquestsAll Part 2 exclusions except personal injury or death.
P42 Environmental pollutionAll Part 2 exclusions.
P43 EqualityAll Part 2 exclusions except civil legal services in relation to a benefit, allowance, payment, credit or pension under certain enactments.
P44 Cross-border disputesNot subject to the exclusions in Part 2.
P45 Terrorism prevention and investigation measures etcAll Part 2 exclusions.
P46 Connected mattersAll Part 2 exclusions except to the extent that regulations provide otherwise.

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